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Ghitterman, Ghitterman & Feld Relentlessly Protecting California Workers' Rights Since 1956

California Workers Compensation Claim Assistance

Guidance for Filing Your Workers Compensation Claim

After an accident at work, you may be entitled to workers’ comp benefits from your employer. Depending on the severity of your injury, you may have to file a workers’ comp claim or seek medical treatment. This can seem like a daunting process, but with the help of an experienced lawyer, it doesn’t have to be.

If you’ve been injured on the job, it’s essential to seek medical attention right away. Not only is it necessary for your health and well-being, but it will also help support your workers’ compensation claim. Be sure to keep all documentation related to your injury, including doctor’s notes and receipts for medical expenses. After an accident, talk to GG&F about filing a workers’ compensation claim in California. With 65 years of experience helping Californians with their claims, we are eager to assist you.

Understanding Your Compensation Benefits

In most cases, workers’ compensation benefits are paid to cover the medical expenses of the employee or dependent, as well as two-thirds of the wages lost while unable to work due to an injury or illness resulting from workplace duty. Benefits may also be available for permanent or partial disability, such as decreased function or loss of use of a body part. The employees’ doctor treats them at no cost to the patient; however, patients must follow their doctor’s instructions regarding return-to-work directives and medicine.

It’s important to stay in touch with your lawyer and keep them updated on any new developments in your case. This includes keeping them informed of any medical treatment you may be receiving and how your injury is affecting your day-to-day life.

The lawyers at GG&F are always ready to help you, and we are ready to guide you through the process and represent your case in court.

In certain circumstances, an employer may dispute your workers’ compensation claim. Their concerns could include questions about the cause of the injury or their ability to pay benefits. In these cases, your attorney can provide documents that support your case. These might include employment agreements, payroll records, or safety reports that show you didn’t violate any workplace rules when injured on the job.

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Hear what Our Clients Have to Say
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    Her patience in explaining my situation with my case was comforting. No one really explained it in a way I could ever understand. She gave me a sense of hope that I may actually get the help needed under her watch.
    - Nakia D.
    "They restored my dignity."
    This law firm accepted my bogged down nine-year-old Worker's Compensation case from another law office. In less than 12 months, I was awarded a just compensation package. Ghitterman, Ghitterman & Feld not only fought and won my case, but they restored my dignity.
    - Former Client
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    I love Ghitterman Ghitterman & Feld. They are amazing, and the case workers are amazing. They understand and hear me in every aspect of my situation, thank you so much.
    - Maria G.
    "I honestly could not have done it without them."
    This is the second time I have used Ghitterman, Ghitterman & Feld for different types of cases. This is the second time I have received a settlement. I am very grateful for the team. Everyone involved is kind and amazing. I honestly could not have done it without them. I highly recommend!
    - Former Client
    "When I needed an attorney, I chose Ghitterman Ghitterman & Feld."
    I am a (former) Workers' Compensation Claims Adjuster, so I know when an attorney is representing their client well. Being injured on the job has given me a keen appreciation of having a smart, compassionate, and proactive attorney in my corner.
    - Samuel L.
    "You made me feel comfortable, welcomed, cared for, and accepted in an uncertain time."
    ou are what I was waiting for. With you, I feel like we are a team. We will win this case together, and I’m certain about it because of you.
    - Nestor S.
    "Made me feel like I mattered."
    Candi made me feel like I mattered. She was very nice and helpful. She made everything so easy, which took away the stress of the issue.
    - Carl N.
    "They were very dedicated to my case."
    Ghitterman Ghitterman & Feld law office was professional and amazing. They were very dedicated to my case, and through their persistence, they won my case for disability. I highly recommend them as your advocates and lawyers.
    - Scott S.

Essential Steps for Filing Your Claim

Filing for workers' compensation in California involves several key steps to ensure you receive the benefits you are entitled to. Here’s what you need to do:

Step 1: Seek Medical Attention

If you’re injured at work, get medical help immediately, especially in an emergency. Inform the doctor that your injury is work-related so they can document it properly. Proper medical records are crucial for your claim.

Step 2: Notify Your Employer

Report your injury to your employer as soon as possible, preferably within 30 days. Failing to notify them in time may result in losing your right to workers’ compensation benefits.

Step 3: Obtain a Workers' Compensation Claim Form (DWC-1)

Your employer must give you a DWC-1 form within one working day after learning about your injury. If they don’t, you can download it from the California Division of Workers' Compensation (DWC) website.

Step 4: Complete and Submit the DWC-1 Form

Fill out the employee section of the form with details about your injury and return it to your employer. They will complete their section and send it to their workers' compensation insurance provider. This officially starts the claims process.

Step 5: Employer’s Response & Insurance Investigation

The insurance company must approve up to $10,000 in medical treatment while investigating your claim. They have 90 days to either accept or deny it. If approved, benefits will be provided, but if denied, you may need to appeal.

Step 6: Follow Up on Your Claim

If your claim is approved, you’ll receive medical treatment and possibly disability benefits. If denied, you have the right to appeal the decision through the California Workers' Compensation Appeals Board (WCAB).

Step 7: Consult a Workers' Compensation Attorney (If Necessary)

If your claim is denied or if you face difficulties receiving benefits, consider speaking with a workers’ compensation attorney. They can help you navigate appeals and ensure you receive the benefits you deserve.

Workers Compensation Payments

Once the claim is accepted and you’ve been awarded benefits, payments will continue until your condition improves and you’re ready to return to work, or until the benefits on your claim have been exhausted. If treatment for your injury is ongoing, payment of compensation will continue as well. If treatment extends beyond one year and your condition still prevents you from working, it’s possible that you could be awarded permanent disability benefits. This means that you’ll receive benefits for the rest of your life instead of until your condition improves.

Once you’ve been awarded benefits, it’s important to keep records of your medical treatment and disability. This will make it easier for your attorney if they need to file a petition for future claims. It can also show that you’re still disabled and unable to work, even though your condition has improved somewhat.

Returning To Work

When you’re ready to return to work, your attorney can help negotiate with employers on issues such as hours, pay rate, and job location. If possible, they may also help find a position suitable for your injury restrictions. In addition, if you become injured again on the job, workers’ compensation could provide benefits while you recover from this new injury.

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